Tag: Format Of Production

1
Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)
2
In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)
3
Smith v. TFI Family Services (Kansas, 2019)
4
Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)
5
Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)
6
Ice Cube Building, LLC v. Scottsdale Insurance Company (D. Conn., 2019)
7
Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).
8
Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)
9
Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)
10
Metlife Investors USA Insurance Company v. Lindsey et al., No. 2:16-cv-00097-RL-JEM (N.D. Ind. Oct. 25, 2018)

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)

Key Insight: public interest in court pleadings, discovery motions shouldn’t be redacted

Nature of Case: patent infringement

Electronic Data Involved: discovery pleadings

Keywords: sealing judicial record, discovery pleadings, burden to show disclosure would cause injury

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Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)

Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.

Nature of Case: Unlawful Use of Information

Electronic Data Involved: Source Code, Log Files, File Directory

Keywords: Source Code; Protective Order

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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)

Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents

Nature of Case: Trademark, Unfair Competition

Electronic Data Involved: documents

Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court

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Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).

Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.

Nature of Case: Compensation and non-solicitation pacts

Electronic Data Involved: Production Format

Keywords: Format of production, native files

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Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)

Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.

Nature of Case: Civil Rights – Wrongful Conviction

Electronic Data Involved: Various ESI

Keywords: Organization; usual course of business; metadata or identifying information

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Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)

Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents

Keywords: Quality, blurry, black and white, color, mbox

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